R2025-25 FDOT Highway Lighting, Maintenance, and Compensation AgreementRESOLUTION 2025-25
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A STATE HIGHWAY
LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR LIGHTING
FACILITIES ALONG U.S. HIGHWAY ONE AND ALTERNATE AIA AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation has presented the Village with an
Agreement whereby the Village agrees to maintain lighting facilities in the U.S. Highway One and
Alternate AIA rights-of-way and FDOT agrees to compensate the Village for such maintenance
services; and
WHEREAS, the Village Council determines that the adoption of this Resolution in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF -NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby adopted and incorporated herein.
Section 2. The Village Council hereby approves a State Highway Lighting, Maintenance, and
Compensation Agreement with the Florida Department of Transportation, a copy of which is
attached hereto and incorporated herein, and authorizes the Village Manager to execute the
Agreement on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
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MAY R
VILLAGE'CLERK
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND
COMPENSATION AGREEMENT
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CONTRACT NO. ASM54
FINANCIAL PROJECT NO. 405121-2-78-20
F.E.I.D. NO. F596017984001
THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "FDOT”, and The Village of North Palm Beach ,
hereinafter referred to as the "MAINTAINING AGENCY";
WITNESSETH:
WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this
Agreement, and the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the
maintenance and operation of lighting on the State Highway System; and
WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this
Agreement;
WHEREAS, FDOT has identified sites where lighting and/or lighting systems, hereinafter referred to as “Facilities”,
are located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY. A list of the
Facilities is included as Exhibit A, attached hereto and incorporated herein.
WHEREAS, the MAINTAINING AGENCY agrees to maintain the Facilities as further set forth herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, FDOT and the
MAINTAINING AGENCY hereby agree as follows:
1. Maintenance of Facilities
a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include
lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or
located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest
areas, or on Interstate highways.
The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any
changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING
AGENCY. Any Facilities added to Exhibit A during the FDOT’s fiscal year shall be maintained and operated
by the MAINTAINING AGENCY upon the FDOT’s final acceptance of installation of any new lighting and/or
lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall
amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting
type maintained pursuant to this Agreement.
The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this
Agreement in the FDOT’s fiscal year occurring after the lighting and/or lighting systems are installed and
final acceptance of such installation is given by FDOT. In the event that no change is made to the previous
year’s Exhibit A, a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that
no change has been made to Exhibit A during FDOT’s previous fiscal year. Unless stated otherwise, all
references to fiscal years within this agreement refer to FDOT’s fiscal year, beginning July 1st and ending
June 30th.
b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the
Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting
type (e.g., high mast, standard, underdeck, and sign) or roadway system at all times in accordance with the
original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage,
or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and
paying all charges associated therewith, routine inspection and testing, preventative maintenance,
emergency maintenance, replacement of any component parts of the Facilities (including the poles and any
and all other component parts installed as part of the Facilities), and locating (both vertically and
horizontally) the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing
by FDOT.
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c. All maintenance must be in accordance with the provisions of the following:
1) Manual of Uniform Traffic Control Devices; and
2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT
procedures.
d. For lighting installed as part of a FDOT project, the MAINTAINING AGENCY’s obligation to maintain the
Facility commences upon the MAINTAINING AGENCY’s receipt of notification from FDOT that FDOT has
formally accepted the project, except for the obligation to provide for electrical power, which obligation to
provide for electrical power commences at such time as the lighting system is ready to be energized;
provided, however, that the MAINTAINING AGENCY is not required to perform any activities which are the
responsibilities of FDOT’s contractor.
Prior to acceptance by FDOT, the MAINTAINING AGENCY shall have the opportunity to inspect and
request modifications/corrections to the installation(s). FDOT agrees to make modifications/corrections
prior to acceptance so long as the modifications/corrections comply with the installation contract documents
and specifications.
e. The term for this Agreement is seven (7) years. Either party may terminate this Agreement by a notice of
termination. The notice of termination must be in writing. Should the MAINTAINING AGENCY choose to
terminate the Agreement, the MAINTAINING AGENCY shall provide a minimum notice period of two (2)
fiscal years prior to the effective date of termination and the notice shall be endorsed by the elected body
County Commission, City Council, or local agency governing body) under which the Agency operates. The
effective date of the termination will coincide with the end of the FDOT’s fiscal year of June 30th following
the two-year notice.
The termination of this Agreement will not terminate maintenance responsibilities for lighting owned by the
MAINTAINING AGENCY. Maintenance obligations for lights owned by the MAINTAINING AGENCY will
remain the responsibility of the MAINTAINING AGENCY. Nor does termination of this Agreement operate
to relieve the MAINTAINING AGENCY of any maintenance obligations contained in other agreements.
Maintenance of lights governed by a separate maintenance agreement will continue per the terms of that
separate maintenance agreement.
2. Compensation and Payment
FDOT shall pay to the MAINTAINING AGENCY a sum of $ 27,827.20 for the
fiscal year in which this Agreement is signed. Payments will be calculated and made in accordance with Exhibit A.
Prior to the beginning of each fiscal year, the MAINTAINING AGENCY shall submit an amended Exhibit A or a
certification of no change to Exhibit A and FDOT and the MAINTAINING AGENCY shall agree on the amount and
percentage of lighting to be paid for the coming fiscal year. FDOT will issue a work order confirming the amount
and authorizing the performance of maintenance for each new fiscal year. The work order must be an FDOT-signed
letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms "State Highway
Lighting, Maintenance, and Compensation Agreement work order". The work order must reflect the contract
number, financial project number, FEID No. of the MAINTAINING AGENCY, the fiscal year, the percentage of
lighting funded and the lump sum amount to be paid for the fiscal year indicated. The work order must be signed
by the MAINTAINING AGENCY and returned to FDOT. Failure by the MAINTAINING AGENCY to take any of the
actions required by this paragraph may result in nonpayment by FDOT.
FDOT expressly assigns its rights, interests and privileges pertaining to damage to Facilities caused by third parties
to the MAINTAINING AGENCY, so they may pursue all claims and causes of actions against the third
parties responsible for the damage. FDOT will assist the MAINTAINING AGENCY and will confirm the
MAINTAINING AGENCY’s authorization to pursue recovery. The MAINTAINING AGENCY will be responsible for
all attorneys’ fees and litigation costs incurred in its recovery activities.
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3. Record Keeping
The MAINTAINING AGENCY shall keep records of all activities and report all maintenance performed and
replacement components and parts installed pursuant to this Agreement. The records shall be kept in an electronic
format approved by FDOT.
Records shall be maintained and made available upon request to FDOT during the period of this Agreement and
for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents
and records will be furnished to FDOT upon request.
4. Invoicing
The MAINTAINING AGENCY shall invoice FDOT annually in a format acceptable to the FDOT. Invoices must be
submitted no earlier than May 1 and no later than June 15 of the fiscal year in which the services were provided in
order to be processed for payment by June 30.
Upon receipt, FDOT has five (5) working days to inspect and approve the goods and services. FDOT has twenty
20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected,
and approved.
If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to
Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the MAINTAINING
AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the MAINTAINING AGENCY
requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY
preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to FDOT.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling
the Chief Financial Officer’s Hotline, 1-800-848-3792.
The State of Florida’s performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during
such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no
money may be paid on such contract. FDOT shall require a statement from the Comptroller of FDOT that funds
are available prior to entering into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and
this paragraph shall be incorporated verbatim in all contracts of FDOT which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year.
5. Default
In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any
other remedies which are otherwise provided for in this Agreement, FDOT may exercise one or more of the following
options, provided that at no time may FDOT be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by FDOT or the public.
b. Pursue any other remedies legally available.
c. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or
through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the
MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice
from FDOT of the non-performance; provided, however, that advance notice and cure will not be
preconditions in the event of an emergency.
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6. Force Majeure
Neither the MAINTAINING AGENCY nor FDOT will be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other
event beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified
the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
7. Miscellaneous
a. FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens,
such violation will be cause for unilateral cancellation of this Agreement.
b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING
AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public
access will be grounds for immediate unilateral cancellation of this Agreement by FDOT.
c. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto.
Without limiting the generality of the foregoing, this Agreement shall replace and supersede all prior
agreements between FDOT and the MAINTAINING AGENCY with respect to maintenance of the lighting
and/or lighting systems for the Facilities identified in Exhibit A.
d. This Agreement is governed by the laws of the State of Florida. Any provision hereof found to be unlawful
or unenforceable are severable and will not affect the validity of the remaining provisions hereof.
e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile
transmission, hand delivery, electronic mail, or express mail and will be deemed to have been received by
the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is
provided. The MAINTAINING AGENCY must notify the local District of FDOT of the appropriate persons
for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices must be sent
to the following addresses:
MAINTAINING AGENCY:
The Village of North Palm Beach
501 US Highway 1
North Palm Beach, FL 33408
FDOT:
Florida Department of Transportation, District 4
District Maintenance Office
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
f. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of
thirty six (36) months from the date of being placed on the convicted vendor list.
g. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity.
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h. By signing this agreement the Maintaining Agency certifies that it is not: (1) listed on the Scrutinized
Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., (2) engaged in a boycott
of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473,
Florida Statutes. For contracts involving $1,000,000 or more, if the Department determines the Maintaining
Agency submitted a false certification under Section 287.135(5) of the Florida Statutes regarding the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or for contracts
involving any amount, if the Maintaining Agency has been placed on the Scrutinized Companies that
Boycott Israel List, or is engaged in a boycott of Israel, the Department shall either terminate the Contract
after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department’s
determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or
maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met.
i. Nothing herein shall be construed as a waiver of either party’s sovereign immunity.
j. MAINTAINING AGENCY:
1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment
eligibility of all new employees hired by the MAINTAINING AGENCY during the term of the
contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the
state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the contract
term.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Agreement term and following completion of the Agreement if the Maintaining Agency does not
transfer the records to FDOT
4. Upon completion of the Agreement, transfer, at no cost, to FDOT, all public records in possession
of the Consultant or keep and maintain public records required by FDOT to perform the service. If
the Consultant transfers all public records to FDOT upon completion of the Agreement, the
Consultant shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and maintains public records
upon completion of the Agreement, the Consultant shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to FDOT, upon request
from FDOT’s custodian of public records, in a format that is compatible with the information
technology systems of FDOT
5. Failure by the Maintaining Agency to comply with Chapter 119, Florida Statutes, shall be grounds
for immediate unilateral cancellation of this Agreement by FDOT
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IF THE MAINTAINING AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE MAINTAINING AGENCY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
District 1
863-519-2623
D1prcustodian@dot.state.fl.us
Florida Department of Transportation
District 1 – Office of General Counsel
801 N. Broadway
Bartow, FL 33830
District 2
386-758-3727
D2prcustodian@dot.state.fl.us
Florida Department of Transportation
District 2 - Office of General Counsel
1109 South Marion Avenue, MS 2009
Lake City, FL 32025
District 3
850-330-1391
D3prcustodian@dot.state.fl.us
Florida Department of Transportation
District 3 - Office of General Counsel
1074 Highway 90 East
Chipley, FL 32428
District 4
954-777-4529
D4prcustodian@dot.state.fl.us
Florida Department of Transportation
District 4 – Office of General Counsel
3400 West Commercial Blvd.
Fort Lauderdale, FL 33309
District 5
386-943-5000
D5prcustodian@dot.state.fl.us
Florida Department of Transportation
District 5 – Office of General Counsel
719 South Woodland Boulevard
Deland, FL 32720
District 6
305-470-5453
D6prcustodian@dot.state.fl.us
Florida Department of Transportation
District 6 – Office of General Counsel
1000 NW 111 Avenue
Miami, FL 33172-5800
District 7
813-975-6491
D7prcustodian@dot.state.fl.us
Florida Department of Transportation
District 7 - Office of General Counsel
11201 N. McKinley Drive, MS 7-120
Tampa, FL 33612
Florida’s Turnpike Enterprise
407-264-3170
TPprcustodian@dot.state.fl.us
Turnpike Enterprise Chief Counsel
Florida Turnpike – Office of General
Counsel
Turnpike Mile Post 263, Bldg. 5315
Ocoee, FL 34761
Central Office
850-414-5355
COprcustodian@dot.state.fl.us
Office of the General Counsel
Florida Department of Transportation
605 Suwannee Street, MS 58
Tallahassee, Florida 32399-0458
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING, MAINTENANCE, AND
COMPENSATION AGREEMENT
375-020-52
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8. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix
entitled “Changes to Form Document” and no change is made in the text of the document itself. Hand notations on
affected portions of this document may refer to changes reflected in the above-named Appendix but are for
reference purposes only and do not change the terms of the document. By signing this document, the
MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except
through the terms of the Appendix entitled “Changes to Form Document."
You MUST signify by selecting one of the applicable options:
No changes have been made to this Forms Document and no Appendix entitled "Changes to Form
Document" is attached.
No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
MAINTAINING AGENCY
BY: (Signature)
Printed Name: )
Printed Title: )
Date:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY: (Signature)
Printed Name: Paul A. Lampley, P.E. )
Date:
Printed Title: Director of Transportation Operations )
FDOT Legal Review
BY: (Signature)
Counsel
Date:
Printed Name: Elizabeth S. Quintana )
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Samia Janjua 6/27/2025
Deputy Village Manager
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Exhibit A
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT
For Fiscal Year 2026-2027
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the MAINTAINING AGENCY for the
services described in this Agreement and method by which payments will be made.
2.0 FACILITIES
The lighting or lighting systems listed below, or in an attached spreadsheet, or other electronic form are included
with this Agreement and represent the Facilities to be maintained by the MAINTAINING AGENCY:
1. See attached spreadsheet.
2.
3.
4.
5.
6.
3.0 COMPENSATION
For the satisfactory completion of all services detailed in this Agreement, FDOT will pay the MAINTAINING
AGENCY the Total Sum as provided in Section 2 of the Agreement. The MAINTAINING AGENCY will receive one
single payment at the end of each fiscal year for satisfactory completion of service.
The per-light unit rate shall increase by 3% each fiscal year. E.g., the per-light unit rate of $347.84 in fiscal year
2026 shall increase to $358.28 in fiscal year 2027.
Total Payment Amount for each fiscal year is calculated by inputting the actual number of qualifying types of lights
into the table below and multiplying by the unit rate and ___%. Example: 330 (lights) x $ (unit rate) x 0.90
90% requirement) = $ 0.00
Type of Light # of lights LED or HPS Unit rate 0.00% Total
High Mast HPS 0.00 0.00 0.00
Standard HPS 0.00 0.00 0.00
Underdeck HPS 0.00 0.00 0.00
Sign HPS 0.00 0.00 0.00
High Mast LED 0.00 0.00 0.00
Standard LED 0.00 0.00 0.00
Underdeck LED 0.00 0.00 0.00
Sign LED 0.00 0.00 0.00
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From To
93080000 North Palm Beach A1A 3.244 4.987 E 0
93080000 North Palm Beach A1A 5.973 6.207 E 0
93080000 North Palm Beach A1A 3.244 4.987 W 0
93080000 North Palm Beach A1A 5.973 6.207 W 0
93040000 North Palm Beach 5 Federal Hwy 0.384 3.004 E 70
93040000 North Palm Beach 5 Federal Hwy 0.384 3.004 W 10
Totals 80
RemarksMilePost
Side Total No. of Poles
The Village of North Palm Beach
Section No. City State Road Local Name
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